Legal Question in Health Care Law in Florida

I am a sexual assault nurse examiner. My question is this: Unconscious pt. brought to the emerency room by local law enforcement. They request that a forensic exam be performed. Can I perform the exam without liabily because the patient can not give informed consent. The local law is requesting only forensic because it is my understanding that they can not reguest a medical history nor exam (HIPPA) .If local law can request will this be in their protocols/policy? Does the State Attorney's office need to motion for a judge"s order.I am getting many different answers. On the other hand as a sexual assault nurse I personelly feel that I need to conduct a medical exam also but not sure how to legally do that. I do not want family to come later and file charges of assault/battery nor do I want to answer in a court of law why I conducted an exam without a court order if one is needed . Please help ,Thankyou gsreed arnp,fne,sane,plnc


Asked on 8/08/09, 8:19 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You should contact the risk management department at your facility. They will have the answer for you. It depends a lot on the specific facts presented and the circumstances of the patient's condition and whther the examination is for necessary medical care.

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Answered on 8/11/09, 12:10 pm


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